CentralNic Mediation Rules
In these Rules:
CentralNic means CentralNic Ltd, 35-39 Moorgate, London EC2R 6AR, United Kingdom.
Complainant means the party submitting a Request for Mediation concerning a Domain Name registration pursuant to the CentralNic Mediation Rules.
Domain Name means any domain name registered under a sub-domain provided by CentralNic.
Mediation means a mediation conducted by CentralNic in accordance with the CentralNic Mediation Rules that are incorporated by reference and made a part of the Registration Agreement.
Party means a Complainant or a Respondent.
Registration Agreement means the agreement between CentralNic and a Domain Name holder.
Respondent means the holder of a Domain Name registration in respect of which a Request for Mediation is submitted pursuant to the CentralNic Mediation Rules.
1. Request for Mediation
(a) Any person or entity may submit a Request for Mediation relating to a Domain Name registration in accordance with the CentralNic Mediation Rules. A copy of the Request for Mediation shall be sent to the Respondent and to CentralNic.
(b) The Request for Mediation shall be submitted in writing by e-mail and shall:
(i) State that the Complainant wishes to submit the dispute to Mediation in accordance with the CentralNic Mediation Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Complainant and of any representative authorized to act for the Complainant in the Mediation;
(iii) Specify a preferred method for communications directed to the Complainant in the Mediation (including person to be contacted, medium, and address information);
(iv) Provide the name of the Respondent and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Complainant regarding how to contact the Respondent or any representative of the Respondent, including contact information based on pre-Request dealings;
(v) Specify the Domain Name(s) that is/are the subject of the Request;
(vi) Contain a brief statement of the nature of the dispute.
(c) The Request for Mediation may relate to more than one Domain Name, provided that the Domain Names are registered by the same Domain-Name holder.
(a) The date of commencement of the Mediation shall be the date on which the Request for Mediation is received by CentralNic.
(b) CentralNic shall inform the Parties of the receipt by it of the Request and of the date of commencement of the Mediation.
(a) CentralNic shall conduct the Mediation in a manner which CentralNic, in its sole discretion, considers appropriate.
(b) The language of the Mediation shall be English, unless decided otherwise by CentralNic.
(c) CentralNic will not reveal details of the Mediation to any third parties unless ordered by a court of competent jurisdiction or required by applicable laws or regulations or except as may be provided under the CentralNic Dispute Resolution Policy and the Rules for CentralNic Dispute Resolution Policy.
4. Termination of the Mediation
The Mediation will terminate ten (10) calendar days after the date of commencement. At the request of the Parties or on its own motion, CentralNic may, in exceptional cases, extend the period of time for the Mediation. The fact of termination shall be recorded by CentralNic.
5. Cancellations, Transfers and Changes
Upon commencement of the Mediation, CentralNic shall lock the Domain Name registrations(s) that is/are the subject of the Mediation so that the Domain Name registration(s) cannot be transferred, cancelled or otherwise changed during the Mediation. Without prejudice to any other grounds which may apply for locking or maintaining the lock on the Domain Name registration(s), CentralNic shall keep the Domain Name registration(s) on lock:
(i) for ten (10) calendar days following the termination of the Mediation if the Mediation results in a settlement; or
(ii) for twenty-five (25) calendar days following the termination of the Mediation if the Mediation does not result in a settlement.
No fees shall be payable by either party for the conduct of the Mediation.
7. Exclusion of Liability
Except in the case of deliberate wrongdoing, CentralNic shall not be liable to a Party for any act or omission in connection with the Mediation.
8. Waiver of Defamation
The Parties agree that any statements or comments, whether written or oral, made or used by them or their representatives in preparation for or in the course of the Mediation shall not be relied upon to found or maintain any action for defamation, libel, slander or any related complaint, and this Paragraph may be pleaded as a bar to any such action.
CentralNic reserves the right to modify these Rules at any time. CentralNic
will post the revised Rules at